Without passing judgment on the legality (under FISA and the PATRIOT Act) or the constitutionality (under Article II) of whatever it is the NSA is doing under the president's direction, I was thinking of opening a betting pool. People could bet on what they think we'll hear about next. It can be something that the president will declare to be wholly legimitate, as in this instance; or an isolated and swiftly-punished anomaly, such as Abu Ghraib; or a still shadowy and indeterminate possibility, like the use of torture by the CIA ("we don't torture, but we'd like to reserve the option").

Prof. John Yoo's book, The Powers of War and Peace: The Constitution and Foreign Affairs after 9/11, probably provides some good suggestions about bets to place, such as the president's assuming power to invade other nations without explicit Congressional approval, pursuant to the goal of winning the war in Iraq and/ or Afghanistan.

I'll put $10 on there being surveillance of an ACLU office within the next six months. Oh, wait, I may be too late to call that one...